Tom Martino quietly pressing lawsuit against Fox31-TV

Media personality Tom Martino has quietly pursued his long-ago promise to sue former employer Fox31-KDVR television in federal court for ending his employment when he filed for personal bankruptcy protection in 2011.

Initially filed in August, Martino, 59, claims in the lawsuit that the station dropped him and his new Martino TV segment when it learned he was filing for bankruptcy, a move the self-proclaimed troubleshooter said violated federal law protections against such conduct.

The station, in response to the claim, said it simply did not renew its contract with Martino, saying his personality was “too strong” for the direction it wanted to go and it wanted a host with “less personality.” That Martino filed for bankruptcy had nothing to do with it, according to the case filed in U.S. District Court in Denver.

Individuals who filed for bankruptcy protection are protected by federal law from employers who toss them as a result. KDVR and its owner, Community Television of Colorado, say the law only applies to firings that come after bankruptcy has been filed and cited case law to support that defense.

Martino’s lawyer — the same one who helped him with the Chapter 7 case from which he was discharged last year — said although the station told Martino of its intent to not renew his contract shortly after he announced his bankruptcy intent in a website blog posting, the contract actually ended several days after he filed Chapter 7 in September 2011.

Martino’s lately made news with his arrest on a domestic-violence charge Dec. 20 involving his 45-year-old troubleshooting-partner wife, Holly Martino. Martino allegedly punched her in the face, leaving her with a bloody nose as there were in the car. He faces a Denver County Court hearing on March 5 on the misdemeanor charge, including another for disturbing the peace, court records show. A hearing scheduled for Thursday was vacated.

Martino cut a deal with bankruptcy trustee Simon Rodriguez in August that allows Martino to pursue his lawsuit against Fox31 — it was legally the possession of his estate that Rodriguez controlled — agreeing to divvy up any proceeds with the estate, court records show. Martino gets to keep 80 percent of anything he makes in the lawsuit, after his attorney fees are paid, according to that agreement.

Martino’s radio show remains on the air, but he’s been lately absent from other high-profile endorsements such as a once omni-present mugshot for Granite Depot.

The Fox31 lawsuit is likely to remain quiet for a bit as both sides recently agreed to confidentiality provisions for documents shared in the course of their discovery.

This guy is a menace. The lawsuit is a blatant attempt to extract $$ from his employer. they will settle for the cost of the litigation.

Joe Hardhat

Tom Martino spends too much time and energy in the court room with all his legal machinations. I’d think he’d have better things to do with his time at the age of 59 … grow up Tom!

Barry

He’s actually 60

In Trouble – Need Shooting

Hey Tom, I just beat my wife. Can you recommend a good lawyer?

Dale

If he recommends a business or product I quickly run in the other direction. Keeping his private jet coming out of bankruptcy makes him a highly decorated scam artist.

Freddiesmom

Sounds like “the Troubleshooter” could use some help getting out of trouble.

Randy Karasik

I noticed the recent Granite Depot commercials are without TM. Are they next to get sued?

Numb

I thought that was his daughter advertising with him—Gross

Jo Strabuchinkoskowitzenheimer

Greed, plain and simple, got the best of Tom. Had Tom stuck with his original format of being a true consumer advocate, he wouldn’t be in all the trouble he is in today.

Alone Again Naturally

Quietly pressing law suit?!? Nothing Tom ever does is quiet.

Gato Grande

What a loser Tom Martino is.
We are watching an arrogant, bigheaded washed up personality self destruct
before our eyes. Everyone is afraid to
do anything to him (Fox & KHOW) because he threatens to sue everyone. The domestic violence charge is just the tip
of the iceberg and I would advise Holly to run as fast as she can away from
this loser. And it is really sad in my
opinion. At one time Tom was at the top
of his game (12 – 14 years ago). He was
a bull dog helping consumers who got ripped off. Now he is a sloth who is afraid to cause
trouble and spends his entire show trying to market his referral list. The best
way to disagree with Tommy and his lifestyle is to turn the channel to another
station and run as fast as you can away from his referral list.

Jo Strabuchinkoskowitzenheimer

Holly certainly has the grounds for divorce and she should be able to keep all of those assets that were coincidentally, all put in her name. Holly will also be able to sock it to Tom on the child support of their two young children.

alwayssomething

Gato you are sooo right about everything, I just said how I too use to like him damn your right on about him always pumping his referral list. He is a chump and KHOW needs to say (like the tv show) you’ve been chopped! I think this “oops if you will” of being a wife beater is what it took to light his dark little secrets.

Retiree

I love the picture. Looks like a capo for the mob.

Northsider

Nonsense, gasbags like Martino never do anything quietly. Would seem to me that the TV station just didn’t want to renew the contract, and Tom can’t comprehend why anyone would walk away from his brilliance.

Goat Hill

Wishful Thinking: Holly Martino is also MIA from Granite Depot ads. Maybe next is Granite Depot ads disappearing entirely….Hard to believe this guy can get away with so much money.

rich from Columbine

I will never use any one from his list! I’ts just not right to support a WIFE BEATER!

alwayssomething

I used to like Tom, but as time went on you could hear him getting too angry I think his power went straight to his head. All you have to do is listen to him back in the day and then listen to him now. He is short tempered, cocky, arrogant so his suit is nothing short of “fine I may not win but (like Jack Nagy said) I will get some money for my friend the lawyer. He just needs to retire, move to Mexico and let us all have peace!

alwayssomething

Darn cant edit …. and as far as his being a wife beater charge, I truly hope he has to “at the very least” take domestic violence classes because the courts know all too often the spouse will not want to cooperate (frustrating) and I’m sure Tom will try to use him being a jerk if they divorce and he will fight her for everything. (of course just guessing) but bottom line is he hit her, I don’t think he needs to be put in jail but do what I said above and he should lose his contract with KHOW but he may try to sue them for him being an old washed up has been. (of course my opinion)

mike

i have said this many times in the past about this guy. It is hard being the pimp and the whore.

Emilie Rusch covers retail and commercial real estate for The Post. A Wisconsin native and Mizzou graduate, she moved to Colorado in 2012. Before that, she worked at a small daily newspaper in South Dakota. It's the one with Mount Rushmore.